The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-23
Careless and Imperfect Work of Sellers
in Writing the Indictments.
Deputy Bailey Permitted to Insult Important
Witnesses for the Prosecution-Notice of
Withdrawal of Counsel for Defendants.


q position where they had to assume the
expense without much, if any, pecuniary aid
from friends. Duncan, Smith aud Wilson
wanted assurance of fee larger than the de-
PENDANTS felt willing to pay 1t is said their
withdrawal is purely matter of business.
q. H McNutt of Terre Haute. will be retained
by the defense, IL is understood. but it is prob
able ex-senator Mcdonald will have the man.
agement of the case. Henry N. Spaan will APP
pear in his behalf, while w.
d. Bynum will represent Albert t.
Beck. The motion to quash the indictment
will be argued on Tuesday. when Justice Har
LAM OF the Supreme Bench, will probably sit
with Judge Woods in the hearing of the argu-
ment The defendants in the event the motion
is not sustained, expect to be tried at early
date.
What these mysterious insinuations Mr..
Sellers is makingl How does it happen that
you who are supposed to know more than any
other attorney about the conspiracy cases can
not act as Mr. Sellerss assistant" inquired a
Journal reporter of Captain Ritter yesterday.
I'm glad you ask the question. as it gives me
an opportunity to mention a few things. When
the grand jury In the United States court as
sembed in May Mr. Henderson informed
that Mr. Sellers, the district attorney, wanted to
vestigation to be made in the tally-sheet cases.
at once called upon him. was not acquainted
with him at the time. He told me at the first
interview that he wanted me to aid in the mat
ter, and If any indictments were found he
wanted me to help him in the trials He said
that objections had been made by the commit
tee of rne hundred to Mr.. Bailey. based the
speech he had made IN the Legislature and upon
other grounds, and that Mr. Bailey would not
have anything to do with the investigation
with the cases."
Ibid he mention any objections to youl"
HE said that there objections from
the other side,' as he phrased it, to me, and
that account he could not let go before the
grand jury to participate in the inquiry, as he
had been requested to do. We consulted
about the whole inquiry into the investiga-
tions and agreed about the management and
course of testimony. Mr.. Sellers had no knowl-
edge of the testimony Of the legal phases of
the at that time, as he stated. We began
the Investigation in a few days. Before be-
gan / spoke to Mr.. Sellers of the fact that ID.
w. Coffin, the foreman OF the grand jury,
well acquainted in Indianapolis, lived here, and
would be of great assistance in bringing out the
testimony, he would personally know most
of the witnesses; that Mr.. Coffin wanted
give him the names of the witnesses and out
lines of their testimony. 1 gave to Mr.. Sellers
daily a list of witnesses and a synopsis
of what they knew, and I gave
to foreman Coffin a duplicate of the same from
the beginning of the investigation to its close.
met the foreman in Mr.. Sellers's room two or
three times and talked about the case. and Mr..
Sellers knew 1 was communicating with the
foreman and assisting him all l could in that
way. 1 never knew that Mr.. Sellers had OBJ
iections to the foreman talking to me. or me to
the foreman, until about the close of theinvesti-
CATION, when was informed that Mr.. Sellers
was offended on that account. l wish to say Mr..
Sellers is at liberty, and l urge him to specify
anything that did in the whole proceeding that
was not aiding him and the foreman in pro-
ducing witnesses and bringing out the testimony,
or anything that said that in any way conflict
ed with his interest the interest of the inves-
tigation. After little while in the investiga-
lion discovered that Mr.. Bailey with Mr..
Sellers in the grand-iury room in consultation,
and actively engaged in the investigation. A
little further on found that Mr.. Sellers had left
the city. having gone home, and Mr. Bailey was
in sole charge of the investigation"
Considering Mr.. Baileys intimate personal
and political relations with Mr.. Coy and the gang,
how did il strike your
II had info-t alton, f" continued Captain Ritter.
that Mr.. Baiieys conduct was not satisfactory
20 the grand jurors; that his treatment Of wit
nesses for the prosecution at times insult
ing After Mr.. Bailey began active participa-
ton in the investigation 1 discovered growing
GOODNESS on the part OF Mr. Sellers He soon
ceased to communicate with me. and asked me
for further information, aud ceased to con-
suit with me while We were in the midst Of the
investigation"
what reason did he givep'
''None at all. and didn't ask him for any. If
he were to complain OF me that manifested a
want of confidence in the integrity of the gov
ernments attorneys from that time on. should
make no denial After having told MIR. Hen
derson and myself that Bailey should have
nothing do with the cases, l found in the
midst Of the investigation that Bailey had all to
do with it. At Sellerss request l had made
arrangements to have assistant counsel for our
benefit in preparing indictments, and had spo-
ken to Major Holstein, who had had more
experience in the United States Court in that
line than anyone in the State. to advise with US
In the preparation of the indictments Major
Holsten ready and willing to do so, but
Mr.. Sellers refused to counsel with him or with
anyone would secure. / rendered my services
when he preparing indictments, and he
coolly said he didn't need any assistance. found
him and Bailey preparing the indictments.
The spirit of the prosecution is manifested in
tine character OF the indictments prepared.
The separate indictments against Coy and Bern
hamer are each in one count very feebly and
very carelessly drawn when there should have
been at least three counts in EACH and drawn
with great care. The separate indictments
against Perkins and Carnahan have each three
counts carefully drawn great length with
every expression and term used that could give
A henous or offensive character. / want it
understood that / never saw any OF these indict-
ments until after they filed. and If these in
dictments are in accordance with his idea it is
very well that he barred me from consultation
/ had said to him that the committee of
hundred would pay any expense or attorney fee
made in consultation on the indictment. and my
idea was to prepare indictments after full consul
sAton and with great care.
Was any attorney consulted by Mr. Sellers!'
IF he consulted with any attorney in regard
to the preparation of these indictments, should
like to know who that able individual IS. L
venture the prediction that attorney in In
dianapolis will admit that he participated
in the preparation of those documents. Mr..
Sellers took from afternoon until dark the
next day to prepare those indictments 7 would
judge from the documents themselves that sew
eral hours OF hard work given to the in
dictments against Carnahan and Perkins, one
hour TO the Indictment for conspiracy and fifteen